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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (i) On July 31, 2010, the Plaintiff was an employee of Dorachid Co., Ltd., who was employed in the Jinchid and lost mind during the process of performing the duties of the Jinchid and submitted an application for the re-determination of a disability grade on January 2016, 2016, when he was determined as class 5 of the disability grade after the completion of medical care on April 30, 2013 and was receiving the disability pension after being determined as class 2 subparagraph 5 of the disability grade.
2. On June 22, 2016, the Defendant rendered the instant disposition to the Plaintiff on the following grounds: (a) according to the result of the integrated review of the Plaintiff’s disability status after a special examination, the Defendant considered that “the disability grade No. 3, which is a person who is not able to engage in labor for a lifelong life, shall be applicable to the disability grade No. 3, a person who has a significant obstacle to the function or mental function of the neurosis.”
장해등급 변경 : 제2급 제5호 ⇒ 제3급 제3호 간병급여 변경 : 수시간병 ⇒ 간병급여 비대상 관련법령 : 산업재해보상보험법 제57조, 제59조, 같은 법 시행령 제53조, 제55조, 제56조 ⑶ 원고는 이 사건 처분에 불복하여 심사청구 및 재심사청구를 제기하였으나, 2016. 9. 26.자 심사청구기각결정, 2016. 12. 1.자 재심사청구기각결정이 각각 내려졌다.
【Facts without dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 through 5, the purport of the whole pleadings
2. (i) In accordance with the attached Table 6 of Article 53(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, which provides for the criteria for disability grade pursuant to Article 57(2) of the same Act, “A person who is obliged to have any obvious obstacle to the function or mental function of the relevant nursing system at all times,” as class 1 subparag. 3 of the disability grade, and 2, “A person who is obliged to have any obvious obstacle to the function or mental function of the relevant nursing system at any time and undergo nursing from time to time,” as class 2 subparag.